OK legal eagles--how can they try to prove something on a previous record?

My advice also remains the same, and is the same as Dana's. You need a lawyer. It is not going to do you much good to have a house if you are in jail, and from your post it sounds like you are facing some serious problems. Do what you need to do, but get representation.

If you make a good faith effort to secure counsel and nobody will work for what you can pay, renew your motion for appointed counsel, and tell the court what you have done to secure counsel.

scottclear is correct in his definition of California Evidence Code 1101(b), the two cases that you cited were adjudicated with the results that a person's past may be used in court to impeach them as a witness on the stand... Including misdemeanors.

All the legalese aside, it looks like the opposing attorney is indicating his intent to impeach (discredit) a witness in your case. Prepare for this.

You may google the cases that you cited for further information on the cases themselves and you can find the Evidence Code yourself at the websites sourced below.

Good luck. I know how it feels to fall into the cracks of the justice system.

Code says this:

"(a) Except as provided in this section and in Sections 1102, 1103, 1108, and 1109, evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion.

(b) Nothing in this section prohibits the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or whether a defendant in a prosecution for an unlawful sexual act or attempted unlawful sexual act did not reasonably and in good faith believe that the victim consented) other than his or her disposition to commit such an act.

(c) Nothing in this section affects the admissibility of evidence offered to support or attack the credibility of a witness."

Basically, this part of the code says that the prosecutor cannot introduce prior bad acts to prove the bad act/crime that is before the court. Section (b) says that the prosecutor CAN introduce prior bad acts to prove other elements necessary, such as motive, propensity to commit bad acts, intent, knowledge, etc.

I think they are going to use your past against you.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

You need an attorney, yesterday. Getting general advice from people about those things will NOT prepare you for a trial against a competent attorney.

Get an attorney IMMEDIATELY. You cannot do this yourself, and since it is a criminal prosecution you need competent legal representation. Take out a loan if you need to.

Dana (attorney)

wow...that is a really good answer....